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507 So. 2d 676

507 So.2d 676

12 Fla.L.Weekly 1252

Zambuto v. State

District Court of Appeal of Florida · decided 1987-05-13

Relies on 498 So. 2d 863 - Whitehead v. State

Decided 1987-05-13

PER CURIAM.

¶1We affirm appellant’s conviction of one count of aggravated battery as there has been no demonstration of reversible error.

¶2We reverse appellant’s sentence and remand for resentencing because the trial court erred in departing from the sentencing guidelines based on appellant’s status as a habitual offender. Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶3As to appellant’s pro se efforts to raise a claim of incompetence and ineffective assistance of trial counsel, our affirmance shall be without prejudice to appellant making such claim via Rule 3.850, Florida Rules of Criminal Procedure.

¶4Affirmed in part; reversed in part and remanded for resentencing.

ANSTEAD, DELL and WALDEN, JJ., concur.
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